Camo At The Capitol

Carp, Carp Everywhere

It sure feels like this blog has been dominated by the ever-changing Asian Carp invasion lately, but judging from the amount of calls and emails from Michigan OutofDoors readers there's a hunger for more information. And with all that's happened this week, I wanted to prepare a brief snapshot of what our federal and state officials are doing to stop, or (gulp) mitigate the damage that Asian Carp will cause.

Judging by the spike in political clamoring on the Asian Carp issue lately it may seem amazing that no substantial action has been taken to stop the carp, like, say closing the Chicago locks. The problem has been primarily a waiting game on the Supreme Court to rule on two Michigan lawsuits filed by Attorney General Mike Cox in late December. 

On Tuesday, January 19 that waiting game came to an end when the Supreme Court denied Michigan's petition for an injunction that would force the U.S. Army Corps of Engineers and State of Illinois to close navigational locks in the Chicago waterway system. Curiously enough, on that same day U.S. Solicitor General Elena Kagan informed the Court that Asian Carp DNA (silver) had been discoved in Lake Michigan's Calumet Harbor. Too late? Maybe, but the increasing evidence will trigger a re-evaluation by government decisionmakers who oppose closing the locks (including those from Illinois and the Obama Administration)

For a good overview on the threat Asian Carp pose to the Great Lakes and Michigan's economy, watch the PBS report that aired on January 25, 2010.

So with new information surfacing daily on the viability of a full fledged Asian Carp invasion in Lake Michigan, here is a breakdown of our options to create an ecological barrier between the carp and the Great Lakes:

Legal Option

When it turned down Michigan's petition last week, the Supreme Court did not rule on an alternative Supplemental Decree petition to re-open the original 1929 Wisconsin v. Illinois case. While that original case dealt with the diversion of Chicago sewage into the Mississippi River by creation of the Canal, Michigan is seeking a Supreme Court declaration that operation of the Canal is unlawful because it aides the introduction of harmful invasive species.  Michigan's argument centers on the fact that operation of the Canal has allowed the introduction of acquatic invasive species that "create[s] a threat of irreperable injury to natural resources held in trust by the State of Michigan ... and its citizens." The U.S. Government and State of Illinois have until February 19, 2010 to file motions to this petition.

Legislative Option

With the Supreme Court's rejection of Michigan's petition to close the locks, Michigan's Congressional delegation has displayed no lack of energy to stop Asian Carp. Last week U.S. Representative Dave Camp (R) and U.S. Senator Debbie Stabenow (D) joined to introduce bi-partisan, bi-cameral legislation (H.R. 4472 and S. 2946) that would direct the U.S. Army Corps of Engineers to close the Chicago locks until a permanant strategy is developed. Collectively named the "CARP (Close All Routes and Prevent Asian Carp Today) Act of 2010, S. 2946 and H.R. 4472 have been referred to the Senate Environment and Public Works and House Transportation and Infrastructure Committees, respectively.

Specifically, the CARP ACT would do the following:

• Immediate closure of certain Chicago-area locks: Directs the Army Corps of Engineers (Corps) to close the O'Brien Lock and Dam and the Chicago Controlling Works until a controlled lock operations strategy is developed.
• Immediate installation of interim barriers: Directs the Corps to install barriers in the North Shore Channel and the Grand and Little Calumet Rivers to prevent the migration of bighead and silver carps into Lake Michigan, as well as between the Des Plaines River and the Chicago Sanitary and Ship Canal (CSSC) and between the Illinois & Michigan (I&M) Canal and the CSSC to prevent carp from entering the Canal during a flood event.
• Enhancement of existing barriers and monitoring systems: Includes granting authority to the Corps to acquire all real estate interests necessary for the construction, operation and maintenance of the barrier system.
• Mitigating the impact on commerce and the City of Chicago: Instructs the Corps to conduct two studies: one to develop a strategy to mitigate the effects of this bill on existing commerce in the canals and rivers, and one to abate the effects on Chicago flood control.
• Preventing and eradicating Asian Carp: Grants the Corps new authority to eliminate and prevent the spread of Asian Carp through the use of fish toxicant, commercial fishing and netting, harvesting, and other means necessary.

Pushing the Asian Carp issue to the forefront of the Congressional agenda will not be easy and it will definitely take more than the support of Michigan and other Great Lakes lawmakers. MUCC will be working with partners like Trout Unlimited and National Wildlife Federation to help build nationwide support for the CARP ACT - Michigan OutofDoors readers are encouraged to contact friends and relatives across the country to join the fight!

Administrative Option and the "Carp Summit"

As the Chief Executive, President Obama oversees the U.S. Army Corps of Engineers, as well as the Environmental Protection Agency, Department of Fish & Wildlife and the U.S. Coast Guard. Michigan OutofDoors has heard from Washington that the Michigan Congressional delegation plans to call on these federal authorities for a comprehensive plan to deal with the threat of Asian Carp to the Great Lakes by February 5, 2010.

Meanwhile, Great Lakes Governors are also furious over White House opposition to closing the locks. On the same day the Supreme Court turned down Michigan's plea to immediately close the locks, Michigan and Wisconsin Governors Jennifer Granholm and Jim Doyle demanded a meeting between the Obama Administration and Great Lakes governors to discuss Asian Carp. The White House obliged (update) and announced that the "Carp Summit" will take place at the White House on February 8 at 2:30 p.m. Last week, Michigan lawmakers already began vying to host the summit in their legislative districts. House Republican Leader Kevin Elsenheimer is lobbying to include state-level leaders throughout the region. Attorneys general from five Great Lakes states (MI, OH, IN, PA, WI) have also demanded a seat at the table to discuss the issue, meaning the Carp Summit could get crowded.

Political pressure from members of Congress, Great Lakes Governors, state leaders and the American People can have a powerful effect on this issue, especially given the ongoing evidence that Asian Carp are on the verge of taking over the Great Lakes and devastating its $7 billion sportfishery.

While MUCC remains deeply disappointed that President Obama has been less than true to his campaign promise to have a "Zero Tolerance Policy For Invasive Species," we remain hopeful that the more time consuming legal and legislative options will not be necessary if the Administration changes its mind. In the words of Great Lakes Czar Cameron Davis in recent testimony to Michigan lawmakers, "We have studied the Great Lakes to death ... we know what needs to be done ... it's time to get to work." Amen.

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